People v. Chism CA1/4

BACKGROUND

On June 14, 2022, defendant filed a petition for dismissal pursuant to section 1203.4 alleging that, in December of 1990, he was convicted of felonious oral copulation within the meaning of

1 All further statutory references are to the Penal Code.

1 former section 288a2, subdivision (c) (as amended by Stats. 1988, ch. 1243, § 7 (former section 288a(c)). He alleged that an element of former section 288a(c) is proof of an age disparity of 10 or more years, but at the time of his offense, he was 22 years old and the victim was 13 years old. Defendant further alleged that he may have been convicted under former section 288a, subdivision (b) because he was placed on probation for the offense and jailed for six months. He stated that he fulfilled the conditions of his probation, and he sought relief from his conviction in the interests of justice. The petition was referred to the Contra Costa Probation Department (probation), and probation filed a recommendation and an amended recommendation. Probation recommended that the petition be denied for three reasons: (1) there was a prison commitment on the current docket; (2) defendant was not entitled to relief under section…